Conservation Commission Fact Sheet

Municipalities are creations of the state and may act only as authorized by state legislation. The New Hampshire Revised Statutes Annotated (RSA) are therefore the authority to consult on the powers of conservation commissions. Additional responsibilities may be given to a commission by local ordinance, but these responsibilities must be consistent with the powers delegated by state statute.

RSA 36-A authorizes towns to establish conservation commissions and lists their specific responsibilities, plus additional activities which commissions may, but need not, undertake. The statute directs every conservation commission to:

• Conduct researches into its local land and water areas.
  • This charge is integral to virtually every activity of a commission, since one can hardly make a recommendation on the proper use or protection of natural resources without knowing what those resources are.
• Seek to coordinate the activity of unofficial bodies organized for similar purposes.
  • An issue is more likely to be resolved or a project undertaken if all concerned can agree on the scope of the problem or project and the desired outcome. A town meeting or city council bombarded with requests from groups of citizens with different proposed solutions to a natural resources concern is less likely to solve a problem than one approached by several groups with one solution in mind. A conservation commission, as a part of municipal government, is in an ideal position to assemble representatives of concerned groups in order to develop mutually satisfactory goals.
• Keep an index of all open space and natural, aesthetic or ecological areas, including all marshlands, swamps, and other wetlands.
  • The word "index" conjures up visions of 3x5 cards and file boxes - not necessarily the best way to organize information about natural resources. The objective is an organized, written compilation of the various resources of a municipality. The most useful form for such an index is a map showing the location of various features, accompanied by a written description of the resources by category. For example, bodies of water, scenic overlooks, etc., describes how a conservation commission might go about preparing such an index.
• Keep accurate records of its meetings and actions.
  • Minutes are required. Because a conservation commission is a public body, it must comply with RSA 91-A, the Right To Know Law, which requires public meetings, posting of meeting notices, and timely availability of minutes.

In addition to the statutory duties, a conservation commission is authorized by RSA 36-A to engage in the following optional activities:

1. "... may recommend... a program for the protection, development, or better utilization of all... areas [in the index]..." Once the required index is prepared, a conservation commission may submit plans and recommendations for appropriate use of the areas identified and urge their adoption or implementation by the appropriate body. Plans and recommendations can vary considerably in scope. A proposal might be for use of a single municipally owned parcel; for a use, such as a trail system, involving several parcels; for acquisition of a locally outstanding natural feature; or for regulation of development to protect natural resources such as steep slopes or wetlands. If a conservation commission has identified a town-owned parcel suitable for a town forest, its recommendation would be in the form of a warrant article designating the parcel as town forest. Recommendations may involve comments on the municipal master plan or, at the request of the planning board or master plan committee, may include preparing the open space or conservation section of the master plan. If the master plan adequately addresses areas of concern, a commission may help the planning board draft an ordinance to implement the recommendations in the plan.
2. "... may receive gifts of money and property, both real and personal, in the name of the city or town, subject to the approval of the local governing body, such gifts to be managed and controlled by the commission..."
   1. ... may acquire in the name of the town or city, subject to the approval of the local governing body, ... the fee in such land or water rights, or any lesser interest... and shall manage and control the same, but the city or town or commission shall not have the right to condemn property for these purposes.
   2. The intent of the legislature was to allow conservation commissions to accept donations and to acquire land, either outright or through easements, in the name of the town or city. In either case, the municipality becomes the owner of the property or easement; a conservation commission may not "own" property
   3. This authority can be useful in acquiring property, particularly when there is an established conservation fund with sufficient money in it to do so. Time is often of the essence when land becomes available. In towns, use of this power can avoid waiting for town meeting approval to accept or purchase property. It is less important in cities: city councils meet regularly and can accept donations and authorize acquisitions. If a city commission has a conservation fund, it can avoid the need to appropriate funds outside the regular budget process for land purchases.--
   4. Although a commission with the approval of the selectmen may acquire land, neither the commission nor the selectmen may dispose of Town Forest or conservation land without town meeting approval (RSA 31-3 and RSA 41-14-a).
3. "... may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets... necessary for its work."
   1. Informing the public about the nature of and reasons for a particular proposal of a conservation commission is as vital to its success as the initial research and thought behind the proposal. If residents do not understand the need for a proposed action, often they will not support it. Few New Hampshire municipalities are small enough for conservation commissioners to persuade residents individually of the wisdom of a particular approach; most commissions must rely, at least in part, on written material.